Grant Accessibility and Transparency Enhancement Act of 2010 - Requires the President to establish the National Commission on Earmark Reform to: (1) study the laws and practices related to replacing earmarks with a full grant making process; and (2) develop a plan to transition from congressional member-directed earmarks to a grant making process.
Requires the Commission to propose legislative or regulatory changes to implement: (1) a grant making application and review process under which a panel of subject area experts reviews and awards grant funding on a merit-based system; and (2) a specific governance structure for all grant functions, including grants management, within the federal government.
Requires the Director of the Office of Management and Budget (OMB) to establish the Office of Grant Making within OMB to: (1) direct and coordinate the development of the expert grant award panels and the specific recommendations of the Commission; and (2) be responsible for maintaining Grants.gov.
Prescribes requirements to streamline the role of federal agencies in the grant making process.
Requires all federal grants, both formula and discretionary, from all grant making agencies to be posted on Grants.gov.
Requires the Director to ensure that duplication of effort and dual systems related to online federal grant activity are no longer in effect by merging USASpending.gov into Grants.gov.
Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any legislation or accompanying report that contains any congressional earmark or limited tax or tariff benefit.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5775 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5775
To require the establishment of a commission on earmark reform, to
consolidate and streamline the grants management structure of the
Federal Government, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2010
Mr. Sestak introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committees on the Budget and Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the establishment of a commission on earmark reform, to
consolidate and streamline the grants management structure of the
Federal Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grant Accessibility and Transparency
Enhancement Act of 2010''.
SEC. 2. NATIONAL COMMISSION ON EARMARK REFORM.
(a) Establishment.--The President shall establish a commission to
be known as the ``National Commission on Earmark Reform'' (in this
section referred to as the ``Commission''.
(b) Duties of Commission.--The duties of the Commission are--
(1) to study the laws and practices related to replacing
earmarks with a full grant-making process; and
(2) to develop a proposed plan that includes objectives,
priorities, policies, and long-term plans to transition from
congressional member-directed earmarks to a grant-making
process.
(c) Membership.--The Commission shall be composed of--
(1) the Director of the Office of Management and Budget,
who shall be the chairman of the Commission; and
(2) such other members as the President may appoint, after
consultation with the majority and minority leadership of the
Senate and the House of Representatives.
(d) Expert Grant Award Panels.--In carrying out its duties, the
Commission shall propose legislative or regulatory changes to implement
a grant-making application and review process modeled after the
Assistance to Firefighters Grant Program of the Federal Emergency
Management Agency, under which a panel of subject area experts
(including representatives of the Federal agency with appropriate
jurisdiction) receives, reviews, and awards grant funding on a merit-
based system. At a minimum, the Commission shall propose changes that
establish rules for--
(1) the review and reporting of grant applications and
awards;
(2) hardship exemptions from specific reporting or
application requirements; and
(3) recommended changes in law to support the
implementation of expert grant award panels.
(e) Consolidation and Streamlining of Grants Management
Structure.--In carrying out its duties, the Commission shall propose
legislative or regulatory changes to implement a specific governance
structure for all grant functions, including grants management, within
the Federal Government. At a minimum, the Commission shall propose
changes for ensuring that the activities at Grants.gov and the policy
recommendations of the Grants Policy Committee (of the Chief Financial
Officers Council) are connected, by proposing the establishment of an
Office of Grant Making within the Office of Management and Budget to
cover all grants activity of the Federal Government, including the
management of Grants.gov. The Commission shall include, at a minimum,
in its recommendations regarding the Office of Grant Making, the
following:
(1) The Office should have an advisory committee that
includes representation from elected local, State, Federal and
tribal governments, institutions of higher education, vendors,
and non-profits.
(2) The meetings of the advisory committee should be
conducted in an open and transparent way.
(3) The Office should review all grant programs, including
the implementation of the expert grant award panels, and ensure
the consistency of audits of grant programs.
(f) Involvement of Stakeholders.--In carrying out its duties, the
Commission shall propose legislative or regulatory changes to involve
non-Federal participants in the grant-making process, including
involvement through--
(1) consultation with representatives of elected local,
State, and tribal governments, institutions of higher
education, vendors, non-profits, and other non-Federal
participants as early as possible to get their input on any
effort by the Federal Government to change or improve proposed
grant products, including new forms and formats, and or to
change or improve the tracking and reporting of Federal fund
data; and
(2) participation and collaboration in the development of a
training and certification program for grants management
professionals.
(g) Operations of Commission.--In carrying out its duties, the
Commission shall--
(1) operate a publicly accessible Web site and make
available information about the Commission, including its
membership and the report required under subsection (h);
(2) hold 8 public hearings before publication of the report
required under subsection (h); and
(3) provide for a period of 45 days immediately before
publication of the report required under subsection (h) for
submission of comments and recommendations from private and
public groups and individuals.
(h) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall--
(1) submit to Congress a report containing the plan
developed under subsection (b) and its findings and
recommendations; and
(2) publish the report on the Commission's publicly
accessible Web site.
(i) Appropriations.--There is authorized to be appropriated
$1,000,000 for the Commission to carry out this section.
SEC. 3. OFFICE OF GRANT MAKING.
(a) Establishment.--Not later than 30 days after the publication of
the Commission report under section 2(h), the Director of the Office of
Management and Budget shall establish an office within the Office of
Management and Budget to be known as the ``Office of Grant Making'' (in
this section referred to as the ``Office'').
(b) Director.--The Office shall be overseen by a Director, who
shall be designated from among Federal officers and employees by the
Director of the Office of Management and Budget.
(c) Functions.--
(1) In general.--The Office and Director shall--
(A) in consultation with agency heads,
representatives of local, State and Federal Government,
and other non-Federal entities, direct and coordinate
the development of the expert grant award panels
(referred to in section 2) and the specific
recommendations of the National Commission on Earmark
Reform; and
(B) be responsible for maintaining Grants.gov, in
accordance with section 5.
(2) Additional responsibilities.--The Director shall also
support Federal agencies in establishing--
(A) a common grant application and reporting
system; and
(B) an interagency process for addressing the
following:
(i) Ways to streamline and simplify Federal
grant administrative procedures and reporting
requirements for non-Federal entities.
(ii) Improved interagency and
intergovernmental coordination of information
collection and sharing of data pertaining to
Federal grants.
(iii) Improvements in the timeliness,
completeness, and quality of information
received by Federal agencies from recipients of
Federal grants.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000 for fiscal years 2011 through 2013 for
purposes of establishing and operating the Office.
SEC. 4. STREAMLINING OF ROLE OF FEDERAL AGENCIES IN GRANT MAKING
PROCESS.
(a) Requirement for Plan.--Not later than 180 days after the date
of the enactment of this Act, each Federal agency shall develop and
implement a plan that--
(1) streamlines and simplifies the application,
administrative, and reporting procedures for Federal grants
administered by the agency;
(2) demonstrates a process to actively participate in the
expert grants awards panels referred to in section 2;
(3) demonstrates appropriate agency use, or plans for use,
of a common grant application and reporting system;
(4) designates a lead agency official for carrying out the
responsibilities of the agency under this Act;
(5) allows grant applicants to electronically apply for,
and report on the use of funds from, the Federal grants
administered by the agency;
(6) ensures recipients of Federal grants provide timely,
complete, and high-quality information in response to Federal
reporting requirements; and
(7) in cooperation with recipients of Federal grants,
establishes specific annual goals and objectives to further the
purposes of this Act and measures annual performance in
achieving those goals and objectives.
(b) Extension.--If a Federal agency is unable to comply with
subsection (a), the Director of the Office of Management and Budget may
extend for up to 30 days the period for the agency to develop and
implement a plan.
(c) Comment and Consultation on Agency Plans.--
(1) Comment.--Each agency shall publish the plan developed
under this section in the Federal Register and receive public
comment on the plan through the Federal Register and other
means (including electronic means). To the maximum extent
practicable, each Federal agency shall hold public forums on
the plan.
(2) Consultation.--The lead official designated by each
Agency shall consult with representatives of State, local, and
tribal governments, and other non-Federal entities, during
development and implementation of the plan.
(d) Submission of Plan.--Each Federal agency shall submit the plan
developed under this section to the Director of the Office of Grant
Making and Congress and report annually thereafter on the
implementation of the plan and performance of the agency in meeting the
requirements for the plan specified in subsection (a).
SEC. 5. EXPANSION OF THE USE AND FUNCTIONALITY OF GRANTS.GOV.
(a) Transfer to Office of Grant Making.--The Director of the Office
of Grant Making shall be responsible for maintaining Grants.gov.
(b) Requirement To Post All Grants.--All Federal grants, both
formula and discretionary, from all grant-making agencies shall be
posted on Grants.gov.
(c) Duplicative Hard Copy Applications Not Required.--Grant
applications in hard copy that are duplicative of applications
submitted electronically shall not be required from grant applicants.
(d) Expansion of Functionality.--The Director of the Office of
Grant Making shall ensure that Grants.gov is able to handle the
following functions:
(1) Finding grants.
(2) Applying for grants.
(3) Submitting and receiving grant applications.
(4) Sending grant award notifications and other documents.
(5) Submitting and receiving post-grant-award management
reports.
(6) Closeout tools related to grants.
(7) Grant award tracking.
(8) Training and technical assistance, as described in
subsection (f).
(e) Avoidance of Duplication With USASpending.gov.--The Director of
the Office of Grant Making shall ensure that duplication of effort and
dual systems related to online Federal grant activity are no longer in
effect by merging USASpending.gov into Grants.gov. Other Federal
agencies shall cooperate to the extent necessary to assist the Director
in carrying out this subsection.
(f) Training and Other Technical Assistance.--The Director shall
ensure that Grants.gov includes technical assistance information and
resources, including--
(1) online or recorded training sessions conducted by other
Federal agencies;
(2) online or recorded training sessions on how to use
Grants.gov; and
(3) such other technical assistance as the Director
considers appropriate.
SEC. 6. ENDING CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND
LIMITED TARIFF BENEFITS.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Prohibition on Congressional Earmarks, Limited Tax Benefits,
and Limited Tariff Benefits.--(1) It shall not be in order in the House
of Representatives or the Senate to consider any bill or joint
resolution, or amendment thereto or conference report thereon, if it or
any accompanying report contains any congressional earmark, limited tax
benefit, or limited tariff benefit.
``(2) As used in this subsection, the terms `congressional
earmark', `limited tax benefit', and `limited tariff benefit' have the
meanings given to such terms in clause 9 of rule XXI of the Rules of
the House of Representatives.''.
(b) Super Majority in the Senate.--Subsections (c)(1) and (d)(2) of
section 904 of the Congressional Budget Act of 1974 are each amended by
inserting ``312(g),'' after ``310(d)(2),''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 1 year after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Budget, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Oversight and Government Reform
Referred to House Budget
Referred to House Rules
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